Mayor David Lisnard took a bylaw July 28 prohibiting the wearing of Burkini on the beaches of the city. The legality of this decision is in question.
burkinis are not welcome on the beaches of Cannes. The city of Alpes-Maritimes said Thursday banning by-law wearing the burkini on its beaches. This swimsuit that covers the entire body, such as allowing veiled women to bathe, is the subject of controversy since the proposed privatization of a water park by a Muslim association in Marseille. Both associations will go to court with the intention of obtaining the annulment of that decision the legality of which is not assured.
“The dress policy does not exist”
Signed on July 28 by the mayor Republicans David Lisnard, the decree provides that “access to beaches and swimming are prohibited (…) to any person not properly dressed, respectful of morality and secularism, respecting the rules of hygiene and safety adapted swimming maritime public domain “. According to the municipality, “a protester beachwear ostentatiously religious affiliation, while France and the religious places of worship are now the target of terrorist attacks, is likely to create risks of disturbances to public order (gatherings, scuffles, etc.) it is necessary to prevent. ”
Taking such an order “in the name of secularism is a serious mistake because the essence of secularism is to protect religious freedom, including in the public space,” says Delphine Krust, lawyer the court of appeal of Paris. “The dress policy does not exist,” she said.
“It does not take a minute, he (the mayor) uses big words and great principles to cover up an obvious infringement of individual liberties,” she says. According to the specialist public law, none of the reasons given by the municipality to justify such a decision. For their part the associations were quick to react. The Collective against Islamophobia in France (CCIF) and the local Cannes-Grasse of the League of Human Rights (LDH) have announced plans to enter the administrative court in chambers freedom. This emergency procedure can be used by any person alleging that an administration undermines a fundamental freedoms. Delphine Krust doubt not, the judge of freedoms deliver a cancellation of the bylaw.
An outfit that made “allegiance to terrorist movements”
In response to criticisms, Thierry Migoule, general manager of city services, said that “it s’ is not to ban the wearing of religious signs at the beach but ostentatious outfits that reference allegiance to terrorist movements that make war on us. ” However, Thierry Migoule said no Burkini were observed on the beaches of Cannes from taking this order it two weeks ago.
“This is a measure among others for to protect the population in a state of emergency context and terrorist actions, “says David Lisnard Nice-Matin , published Friday.
SOS Racisme” all in that order, were he delicately disguised as a stolen car in the colors of the Republic, lets show through malice towards the Arab-Muslim populations. ” “Need I remind you that a mayor thirty victims of the attack of Nice were Muslims, because terrorism is all indiscriminately us,” also reacted the Collective against Islamophobia in France. Once the administrative court hearing in chambers freedom, the judge will rule within 48 hours.
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